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(영문) 울산지방법원 2019.06.12 2019고단463

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2019 Highest 463]

1. On September 27, 2017, the Defendant made a false statement to the victim that “When investing KRW 10 million in an elementary school, the Defendant would make an investment in the bond business and generate profits from the bond business through D with a lot of money in the bond business as an elementary school teacher, and then would give 10% more of the principal and interest as well as 11 million won after one month.”

However, the fact that D does not have any relationship with the bond business, and even if it receives the money from the victim, D did not have any intention or ability to return the proceeds or the principal by investing in D.

Nevertheless, the Defendant, by deceiving the victim as such, acquired the victim by transfer of KRW 10 million on September 27, 2017 to the V account in the name of the Defendant.

2. On October 18, 2017, the Defendant concluded that “The Defendant would make an investment in the bond business through D, as if he/she has invested more money, and generate profits from the bond business as well as 10% of the principal, together with the principal after one week, in the said victim U’s residence.”

However, the fact that D does not have any relationship with the bond business, and even if it receives the money from the victim, D did not have any intention or ability to return the proceeds or the principal by investing in D.

Nevertheless, the Defendant, as such, by deceiving the victim, received the remittance of KRW 20 million from October 18, 2017 to the X association account under the name of the Defendant, and acquired the total amount of KRW 1100,000,000 from such Si to May 14, 2018, as shown in the attached crime list, by deceiving the victim.

[2019 Highest 642] The Defendant invested the money to AB in the AA coffee shop located in Yangsan Z on July 2017, 2017, to the victim AB, and the said teacher performs bond play using the money invested within the Republic of Korea, which is part of the profits.